Joint Intellectual Property Rights. 15.1 The Company may select one of the following options on the treatment of Intellectual Property Rights (“Joint Intellectual Property Rights”) jointly owned by the University and the Company pursuant to Article 12.4 in principle within one hundred and eighty (180) days after the application for the Joint Intellectual Property Rights or up to the deadline provided under a joint application agreement, if any:
(1) The Company obtains the share of the Joint Intellectual Property Right by transfer from the University;
(2) The Company is granted an exclusive license under the Joint Intellectual Property Right by the University;
(3) The Company is granted a non-exclusive license under the Joint Intellectual Property Right by the University; or
(4) The Company reserves selecting the above options until the registration of the Joint Intellectual Property Right.
15.2 If the Company selected one of the options set forth in Article 15.1, both parties shall discuss and determine the terms and conditions on the selected option.
15.3 If the Company does not select any of options set forth in Article 15.1, either party may assign or grant license to any third party under its own share of such a Joint Intellectual Property Right at its discretion.
Joint Intellectual Property Rights. All right, title, and interest to all Joint Intellectual Property shall be jointly owned by PRIME RECIPIENT and SUBRECIPIENT.
Joint Intellectual Property Rights. All right, title and interest to all Joint Intellectual Property shall be jointly owned by GTRC and COMPANY.
Joint Intellectual Property Rights. DOW and DIVERSA shall jointly own all Joint Research Results.
Joint Intellectual Property Rights. PIONEER and MAXYGEN shall jointly own all Joint Research Results.
Joint Intellectual Property Rights. Except as otherwise provided in this Agreement, during the term of this Agreement all Joint IP shall be owned jointly by MMI and The Cargill Entities and the following shall apply:
5.3.1 During the term of this Agreement (except as may be provided in any Joint Commercialization Agreement), neither Party may enter into any negotiations, discussions, or agreements with any Third Party regarding any association studies in any of the Targeted Traits in bovine animals in respect to meat production or processing. During the Term of this Agreement and, subject to Section 7.2, thereafter, the Parties may not make, use, sell, license, or convey any rights in Joint IP for any purpose whatsoever (a) except upon joint agreement among the Parties, (b) except as set forth in Sections 3.3.3, 5.3.2, 7.2.1, or 7.3, or (c) except in furtherance of the Work Plan set forth in this Agreement. Neither Party (without the prior written agreement of the other Part) may use the Joint IP for comparative studies and other uses in other species and, excluding meat production and processing-related uses, in dairy cattle.
5.3.2 In the event that the Parties enter into a Joint Commercialization Agreement prior to the expiration of the term of this Agreement, the Parties respective rights and obligation with respect to the Joint IP thereafter shall be as stated in such Agreement. In the event that the Parties do not enter into a Joint Commercialization Agreement prior to the expiration of the Term of this Agreement, unless the provisions of Section 7.2 shall apply, the Joint IP shall continue to be owned jointly by MMI and The Cargill Entities following the expiration of this Agreement with both Parties having the right, subject to Section 8.5, to make, use, sell, or sublicense the Joint IP to detect the Targeted Traits in bovine animals in respect to meat production or processing.
5.3.3 In no event shall the rights and restrictions established in this Section 5.3 prevent either Party from performing its rights and obligations under this Agreement.
5.3.4 In order to ensure the highest trade secret protection of unpatented Joint IP, in recognition of MMI's research and development efforts among several species, and in recognition of the confidential and restricted nature of the databases licensed from Celera, subject to Section 7.8, MMI shall be entitled to maintain complete confidentiality (on a "firewall" basis without any access by The Cargill Entities) of the SNP primer pairs and SNP a...
Joint Intellectual Property Rights. The parties agree that the Intellectual Property Rights of all writings, software, drawings, designs, copyrightable material, mask works, inventions, improvements, developments, and discoveries jointly developed by the parties during the course of this Agreement that relate in any manner to the Services to be performed or the Products in accordance with the applicable Statements of Work (“Joint Intellectual Property Rights”) shall be jointly owned by the parties, each of whom shall have an undivided ownership interest therein. The parties further agree that:
Joint Intellectual Property Rights. The parties shall agree on ---------------------------------- the ownership of any jointly developed intellectual property rights prior to commencing with the development of work that is likely to lead to the creation of such rights.
Joint Intellectual Property Rights. PIONEER and CURAGEN shall jointly own all Research Results, Proprietary Intellectual Property, and Genomics Technology jointly developed or invented by employees or consultants of both CURAGEN and PIONEER.
Joint Intellectual Property Rights. 4.3.1 DTS and Avica do not anticipate that any jointly created or developed Intellectual Property Rights will arise as a result of the relationship between the parties. Nevertheless, as the possibility of jointly created or developed Intellectual Property Rights cannot be entirely ruled out, and in order to avoid the formidable legal and business complications associated with joint intellectual property ownership, the parties hereby allocate ownership of all jointly created or developed Intellectual Property Rights (the “Joint IPRs”) solely to DTS. Upon DTS’ request, Avica shall assist DTS in every reasonable way, including by executing appropriate documents, at DTS’ expense and request, to secure for DTS’ benefit all Intellectual Property Rights in and to the Joint IPRs. If Avica is unable to fulfill its obligations under this Section 4.3.1, Avica hereby constitutes and appoints DTS the true and lawful attorney of Avica, with full power of substitution, in the name of Avica, for the benefit of DTS to execute and deliver all such assignments, assurances or other documents, and to take and do all such other actions and things as may be necessary or desirable to vest, perfect or confirm any and all right, title and interest in or to the Joint IPRs.
4.3.2 For the avoidance of doubt, DTS does not license to Avica, and Avica has, and shall have, no rights with respect to, any of DTS’ Intellectual Property Rights, including Joint IPRs, under this Agreement.
